Much as I would like to believe that the recent change bringing in no fault divorce would be a factor in parties considering a divorce in England & Wales, many of the big money cases involving foreign nationals that occupy the High Court judges are realistically heard here because the weaker financial party hopes that they will achieve a more generous settlement. The focus on achieving a higher financial settlement than might be achieved in another country's courts inevitably raises the stakes, and therefore the temperature of the situation.
It may be a minor benefit in these highly litigated scenarios that the applying party no longer has to apportion blame to achieve a divorce but it's a bit hopeful to think that those focused on achieving a greater financial award have been swayed in any way by the recent change to no fault divorce applications.
The benefits of no fault divorce are being felt elsewhere, but are unlikely to meaningfully impact the thinking of those choosing the best financial forum within which to divorce.
This article was first published by Stevens & Bolton and is reproduced with permission.